Amendment of Commencement No 2 Order3

For paragraph 4 of Part 2 of the Schedule to the Education Act 2002 (Commencement No. 2 and Savings and Transitional Provisions) Order 20023 substitute—

4

1

Despite the coming into force of section 47(1) of, and paragraph 3 of Schedule 4 to, the 2002 Act—

a

the amendments to section 86 of the 1998 Act shall not have effect in relation to the admission of a child to a maintained school in any school year earlier than the 2004-05 school year; and

b

in relation to the admission of a child—

i

to a maintained primary school in the 2004-05 school year,

ii

to a maintained primary school in the 2005-06 school year where a scheme has not been adopted or made by virtue of section 89B and 89C of the 1998 Act4 for that year, or

iii

to a maintained secondary school in the 2004-05 school year where a scheme has not been adopted or made by virtue of section 89B and 89C of the 1998 Act for that year,

paragraph 3 of Schedule 4 to the 2002 Act shall apply with the modifications made by sub-paragraph (2).

2

The modifications referred to in sub-paragraph (1) are that—

a

paragraph 3(2) of Schedule 4, insofar as it provides that section 86(2) is not to be subject to section 86(6), and

b

paragraph 3(6) of that Schedule (which provides that section 86(6) shall cease to have effect),

are to be disregarded.